Legal Document Updates in English (16/2022)

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NUMBER

TITLE

 

In This Updates:

TAX – FEE – CHARGE

 

TAX – FEE – CHARGE

1

508/QD-TTg

Decision No. 508/QD-TTg dated April 23, 2022 of the Prime Minister on approving the Tax System Reform Strategy until 2030

 

By 2030, the number of import tax rates will be reduced to 20

Page 2

INSURANCE

 

INSURANCE

2

546/QD-TTg

Decision No. 546/QD-TTg dated April 29, 2022 of the Prime Minister on the assignment of health insurance coverage targets for the 2022 - 2025 period

 

By 2025, Hanoi will attain the health insurance coverage rate of 95.15%

Page 2

FINANCE – BANKING

 

FINANCE – BANKING

3

12/2022/QD-TTg

Decision No. 12/2022/QD-TTg dated May 09, 2022 of the Prime Minister stipulating the order, procedures and competence to issue Objection Letters, No-Objection Letters for private sector operations in Vietnam of international financial institutions

 

Procedures for issuing Objection Letters, No-Objection Letters for private sector operations

Page 2

MEDICAL – HEALTH

 

MEDICAL – HEALTH

4

416/CD-TTg

Official Telegram No. 416/CD-TTg dated May 13, 2022 of the Prime Minister on suspension of SARS-CoV-2 test requirement for persons entering Vietnam

 

Halt SARS-CoV-2 testing from May 15, 2022

Page 3

INFORMATION - COMMUNICATIONS

 

INFORMATION - COMMUNICATIONS

5

02/CT-TTg

Directive No. 02/CT-TTg dated April 26, 2022 of the Prime Minister on developing e-Government towards the Digital Government, promoting national digital transformation

 

From June 01, digitize administrative procedure records at ministerial- and provincial-level Single Window Departments

Page 3

POLICY

 

POLICY

6

57/NQ-CP

Resolution No. 57/NQ-CP dated April 21, 2022 of the Government on the tasks and solutions to complete the institutions on socio-economic region linkage

 

Solutions to complete the institutions on socio-economic region linkage

Page 3

INDUSTRY

 

INDUSTRY

7

820/QD-BCT

Decision No. 820/QD-BCT dated April 29, 2022 of the Ministry of Industry and Trade on promulgating the 2022 electricity generation price bracket

 

The ceiling level of the electricity generation price for hydropower plants is VND 1,110/kWh

Page 4

FOREIGN AFFAIRS

 

FOREIGN AFFAIRS

8

26/2022/ND-CP

Decree No. 26/2022/ND-CP dated April 14, 2022 of the Government on foreign honorary consuls in Vietnam

 

Honorary consuls may conduct profit-making commercial operations in Vietnam

Page 4

 

SUMMARY:

 

Ü TAX – FEE – CHARGE

BY 2030, THE NUMBER OF IMPORT TAX RATES WILL BE REDUCED TO 20

This is a remarkable content defined in the Decision No. 508/QD-TTg dated April 23, 2022 of the Prime Minister on approving the Tax System Reform Strategy until 2030.

According to this Decision, by 2025, strive that the percentage of electronic support for taxpayers will be at least 70%; at least 80% of tax registration dossiers out of the total dossiers received will be processed online at levels 3 and 4 by tax agencies; at least 98% of taxpayers’ tax refund, tax exemption and reduction dossiers will be resolved with the timely notification of results; etc.

For achieving the Strategy’s objectives, the Prime Minister directs the implementation of a number of measures for tax

 

policy and tax administration reform. Specifically, continue to reduce the number of import tax rates to simplify the import tariffs, strive to reduce the number of import tax rates from 32 to about 25 by 2025 and 20 by 2030.

Besides, review to amend or annul enterprise income tax exemption and reduction incentives that are no longer consistent with international integration and development requirements; for personal income tax, review to add dutiable objects; study to adjust the amount and tax rates suitable to each type of taxable income; etc.

This Decision takes effect on the signing date.

Ü INSURANCE

BY 2025, HANOI WILL ATTAIN THE HEALTH INSURANCE COVERAGE RATE OF 95.15%

The Decision No. 546/QD-TTg on the assignment of health insurance coverage targets for the 2022 - 2025 period is promulgated by the Prime Minister on April 29, 2022.

Accordingly, health insurance coverage targets of the country in the years 2022, 2023, 2024 and 2025 shall be 92.60%, 93.20%, 94.10% and 95.15%, respectively. Specifically, health insurance coverage targets assigned to Hanoi for 2022, 2023, 2024 and 2025 shall be 91.66%, 92.40%, 93.65% and 95.15%, respectively.

Besides, for Ho Chi Minh City and Da Nang City, assigned health insurance coverage targets for the years 2022, 2023, 2024 and 2025 shall be 91.25%, 92.25%, 93.50% and 95.00%; 94.75%, 95.00%, 95.15% and 95.15%, respectively.

 

People's Committees of provinces and centrally-run cities shall focus on supporting people of near-poverty households, poor households according to multidimensional poverty standards other than cases specified at Point a, Clause 9, Article 3 of the Government’s Decree No. 146/2018/ND-CP, ensuring that 100% of such subjects participate in health insurance; support people from agricultural households, forestry households, fishing households and salt-making households with better-off living standards; pupils and students in order that the health insurance participation rate of such persons increases; etc.

This Decision takes effect on the signing date.

Ü FINANCE – BANKING

PROCEDURES FOR ISSUING OBJECTION LETTERS, NO-OBJECTION LETTERS
FOR PRIVATE SECTOR OPERATIONS

On May 09, 2022, the Prime Minister issues the Decision No. 12/2022/QD-TTg stipulating the order, procedures and competence to issue Objection Letters, No-Objection Letters for private sector operations in Vietnam of international financial institutions.

According to the Decision, an Objection Letter or No-Objection Letter means a letter containing Vietnam's objection or no objection to a no-objection letter application. An application for a no-objection certificate means a request from international financial institutions to relevant Vietnamese ministries and agencies regarding Vietnam's no objection to private sector activities in Vietnam of international financial institutions.

Specifically, the managing agency shall receive, summarize and evaluate the no-objection letter application submitted by any international financial institution. In cases where the received application meets the requirements according to the

 

list of information, the managing agency shall consult with the Ministry of Planning and Investment, the Ministry of Finance, the Ministry of Foreign Affairs, the Ministry of Public Security, the Ministry of National Defense, the State Bank of Vietnam and other ministries and agencies related to the field mentioned in the application within 7 working days from the date it was received.

The concerned ministries and agencies shall give their opinions in writing regarding the no-objection letter application at the request of the managing agency within 10 working days from the date the managing agency sends the written request. The no-objection letter is not a license, written approval of investment policy or implied sponsorship of Vietnam for private sector operations of international financial institutions.

This Decision takes effect from the signing date.

Ü MEDICAL – HEALTH

HALT SARS-COV-2 TESTING FROM MAY 15, 2022

The Official Telegram No. 416/CD-TTg on suspension of SARS-CoV-2 test requirement for persons entering Vietnam is issued on May 13, 2022 by the Prime Minister.

Accordingly, in order to apply measures for pandemic prevention and control, and create favorable conditions to promote activities for socio-economic recovery and development while upholding the spirit of the Government’s Resolutions, the Prime Minister requests to suspend the SARS-CoV-2 test requirement for people entering Vietnam from 00:00 on May 15, 2022.

 

The Ministry of Foreign Affairs shall direct overseas Vietnamese agencies to notify people that wish to enter Vietnam to follow requirements for pandemic prevention and control in accordance with the Ministry of Health's instructions. The Ministry of Transport shall direct airlines to comply with measures for pandemic prevention and control for their means of transport according to the Ministry of Health’s instructions, etc.

Ü INFORMATION - COMMUNICATIONS

FROM JUNE 01, DIGITIZE ADMINISTRATIVE PROCEDURE RECORDS
AT MINISTERIAL- AND PROVINCIAL-LEVEL SINGLE WINDOW DEPARTMENTS

The Prime Minister promulgates the Directive No. 02/CT-TTg on developing e-Government towards the Digital Government, promoting national digital transformation on April 26, 2022.

Specifically, digitize records and results of administrative procedures in receiving and handling administrative procedures at the Single Window Departments at ministerial and provincial levels from June 01, 2022, at district level from December 01, 2022 and at commune level from June 01, 2023. Particularly, 25 essential public services under the Decision No. 06/QD-TTg dated January 06, 2022 shall be digitized from July 01, 2022. Focus on effectively implementing the plan on digitizing the results of administrative procedures in accordance with the Decree No. 45/2020/ND-CP dated April 08, 2020.

The Government Cipher Committee shall ensure the grant of 100% of digital certificates to the single window department at ministerial and provincial levels by June 2022; the grant of

 

100% of digital certificates to the single window department at district level by December 2022; the grant of 100% of digital certificates to the single window department at the commune level by June 2023. In which, by July 01, 2022, to fully grant 100% of digital certificates to cadres, civil servants, public employees directly related to the digitization of 25 essential public services according to the Decision No. 06/QD-TTg dated January 06, 2022.

Besides, the Ministry of Information and Communications shall assume the prime responsibility for organizing training and further training for at least 10,000 digital transformation officers in central and local state agencies, state-owned corporations, groups, media and press agencies in 2022 to solve the urgent need for resources to develop e-Government, Digital Government, and promote digital transformation; etc.

Ü POLICY

SOLUTIONS TO COMPLETE THE INSTITUTIONS ON SOCIO-ECONOMIC REGION LINKAGE

The Resolution No. 57/NQ-CP on the tasks and solutions to complete the institutions on socio-economic region linkage is issued on April 21, 2022 by the Government.

Specifically, the completion of region linkage in the 2021-2030 period aims to enhance the regional linkage-coordinating role of the central administration, creating the information channels to promote the linkage of local administrations in the region, contributing to heightening the regional competitiveness, mobilizing to the utmost resources to support the region-linkage activities and projects, making full use of internal and external resources of localities in the region. At the same time, the completion of region-linkage institutions aims at synchronous development and the

 

association between regions and the association of various economic sectors, etc.

Additionally, ministries, ministerial-level agencies and provincial/municipal People’s Committees shall proactively coordinate in establishing the databases on information of ministries, ministerial-level agencies, localities and information on regions towards intensified information sharing and access, creating conditions for higher coordination frequency and efficiency among localities in resource management and environmental protection. The Ministry of Planning and Investment shall expeditiously formulate and submit for approval the Planning on socio-economic regions in quarter IV of 2022 under the provisions of the 2017 Law on Planning, etc.

Ü INDUSTRY

THE CEILING LEVEL OF THE ELECTRICITY GENERATION PRICE
FOR HYDROPOWER PLANTS IS VND 1,110/KWH

On April 29, 2022, the Ministry of Industry and Trade promulgates the Decision No. 820/QD-BCT on promulgating the 2022 electricity generation price bracket.

Accordingly, the Ministry of Industry and Trade issues the 2022 electricity generation price bracket applicable to the negotiation of the power purchase agreement price as prescribed at Point a Clause 2 Article 1 of the Minister of Industry and Trade’s Circular No. 57/2014/TT-BCT. Specifically, the ceiling level of the electricity generation price bracket (excluding value added tax and shared infrastructure) applicable to coal-fired thermal power plants is VND 1,773.76/kWh. Besides, the ceiling level of the electricity generation price bracket (excluding water resource

 

royalty, forest environmental service fee, charge for granting the water exploitation rights and value added tax) applied to hydropower plants is VND 1,110/kWh.

Vietnam Electricity and electric generating units shall, based on the electricity generation price bracket and detailed fuel parameters used to calculate the brackets of electricity generation prices for coal-fired thermal power plants, negotiate the actual electricity purchase prices in compliance with the laws on methods of determining electricity generation prices and management of construction investment costs promulgated by competent authorities.

This Decision takes effect on the signing date.

Ü FOREIGN AFFAIRS

HONORARY CONSULS MAY CONDUCT
PROFIT-MAKING COMMERCIAL OPERATIONS IN VIETNAM

This noticeable content is prescribed in the Government’s Decree No. 26/2022/ND-CP dated April 14, 2022, on foreign honorary consuls in Vietnam.

According to this Decree, an honorary consul who is admitted to acting as an honorary consul must satisfy the following conditions:

Firstly, bearing the nationality of the sending State or the Vietnamese nationality. In case he/she bears the nationality of a third country or several countries, the Ministry of Foreign Affairs’ acceptance. Such acceptance may be revoked at any time without justifying the reason.

Secondly, permanently residing in Vietnam or living and working in the consular premises for at least one year.

Thirdly, neither being a Vietnamese cadre, civil servant, public employee nor an individual who receives wage from the State budget of any country.

 

Fourthly, having a clear judicial record; being financially capable, social prestige, etc.

Especially, honorary consuls may exercise consular functions as appointed by the sending State and concurrently conduct professional or profit-making commercial operations in Vietnam in accordance with treaties to which Vietnam and the sending State are contracting parties.

Besides, honorary consuls are not allowed to employ consular couriers, diplomatic couriers or consular bags, diplomatic bags, or cipher telegram to contact diplomatic representative missions or consular posts of the sending State or with the government of the sending State, except for the special cases after obtaining approval from the Socialist Republic of Vietnam. Family members of an honorary consul are not entitled to privileges and immunities.

This Decree takes effect from June 01, 2022.

 

 

 

 

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